






u 

CONRAD ALEXANDRE GERARD AND AMERICAN 

INDEPENDENCE 



It is to the late Benjamin Franklin Stevens, noted 
bibliographer, native of Vermont, who lived and 
worked in London and Paris from i860 to the time 
of his death in 1902, that America is indebted for the 
inauguration of a system which is now placing the 
leading documents relative to American history at the 
disposal of students in this country. 

This was all the more necessary since early historians 
had taken only a partial view of the subject, and their 
works, designed to be considered in themselves author- 
itative, give the reader no clue that permits verifica- 
tion. 

In his Conclusion, written as preface to the XXVth. 
and Index volume of his famous Facsimiles, B. F. 
Stevens speaking of the opposition which he encount- 
ered when the matter came before Congress, writes: 
(p. xvi, 1. 10-16) "The Chairman of the sub-committee 
briefly repeated the historian's ^ arguments to the effect 
that the history of the United States had been carefully 
written ; that it was a pity to give the rising generation 
references to the chapter and verse of original authori- 
ties, as the simple fact of such references implied a pas- 
sible absence of accuracy in the quotations or conclu- 
sions, and that the Government need not incur expense 
by adopting the plan. . . ." 

The project of the Facsimiles was however too 
widely popular among American scholars to be thus 

^ An earlier allusion, p. ix. 1. 10-12, indicates clearly that this historian 
was none other than George Bancroft. 






easily set aside. 200 copies, each reproducing 2,107 
documents relating to the American Revolution, were 
given to the public, and are now available in all the 
great historical libraries of the United States. One 
unbound copy, particularly valuable to students, is 
retained in the Division of Manuscripts of the Library 
of Congress. 

These Facsimiles are however only part of the 
treasure made available to students of Colonial and 
United States history, through the efforts of this great, 
but almost unknown American. 

The Division of Manuscripts of the Library of Con- 
gress possesses in addition to the above: 

1. The Stevens's French Alliance Transcripts, cov- 
ering the correspondence (1778- 1782) between Ver- 
gennes and the French Ministers, Gerard, La Luzerne, 
and Marbois 5,688 folio pages. 

2. The Stevens's Peace Transcripts, (i 782-1784) 
5,280 folio pages; and, most stupendous of all. 

3. The Stevens s Catalogue Index, of Manuscripts 
in the Archives of England, France, Holland, and 
Spain, in which 163,000 documents relating to America 
for the period, 1 763-1 783, are summarized, located, and 
given their proper dates. The whole is contained in 
180 folio, manuscript volumes. 



It is a self-evident fact that the part played by 
Catholics as Catholics, in the drama of the American 
Revolution, has been everywhere consistently ignored 
by historians. The remedy to this defect lies in a 
study of the documents themselves. It has been with 
a desire to give the Catholic Church its true place in 
the story of American Independence, that the present 
studies have been undertaken. The Gerard Corres- 
pondence upon which they have been made, covers the 






a^<rn 



-^ -2. 



period between July 1778, the date of his arrival in 
America, and October 1779, when he was released be- 
cause of illness from his difficult post. Without doubt, 
this was one of the most critical periods through which 
the country passed, and it cannot be denied that it was 
owing to the sagacity of this first diplomatic repre- 
sentative to our shores, that we passed it in safety. 

Conrad Alexander Gerard had already served with 
distinction in many diplomatic posts at different Euro- 
pean Courts, when he was called, in 1774, to be First 
Secretary to the French Minister of Foreign Affairs, 
the Comte de Vergennes. All along he had been a 
deep student of history as well as a keen observer of 
men. He spoke fluently several languages. It was 
his knowledge of English which immediately brought 
him into prominence when the French Government 
found itself confronted by the American Commis- 
sioner's demands fcr aid to the revolted Colonies of 
Great Britain. It was he who drew up and signed with 
Franklin, Deane, and Lee the Treaties of Amity and 
Commerce (February 6, 1778) that gave a completely 
new aspect to the war. As a reward for these services 
he was sent as first French representative to America. 

In personal characteristics, Gerard, while a French- 
man to the core, was in many respects the exact op- 
posite of what a Frenchman is suppi^sed to be ; that is, 
he was modest, retiring, self-contro'.led, patient and 
tireless, cautious and persistent. A practical and even 
devout Catholic, his first act toward setting his new 
establishment en a firm foundation, was to arrange with 
the Commander of the fleet which brought him to 
America, for a " good-living priest, who should reside 
at the Legation of the King." 

From the first Gerard won the respect and esteem of 
the shrewd delegates to Congress, and he in turn gave 



them his sincere friendship. Before he left America 
many honors were conferred upon h!m. He was elected 
member of the American Philosophical Society, was 
given a degree from Yale University, while Congress 
demanded as token of its esteem, that he sit for his 
portrait, which latter now graces the original hall, care- 
fully preserved at the corner of Sixth and Chestnut 
Streets, Philadelphia. 

The bitter anti-Catholic and anti-French propaganda that 
in 1778 swept everything before it throughout England and 
Scotland, and which, intensified by party strife, filled the 
Tory papers in America, was but the natural and perfectly 
logical outcome of the imperial policy which had been 
pursued by England for more than two hundred years. 

From the moment when, almost without human agency, 
the terror caused by the Spanish Armada was dispelled, Pro- 
testant England, feeling herself protected by Heaven, set 
about with grim earnestness putting her house in order so 
that she might be free to pursue her evidently imperial 
destiny. England's earlier dream of imperializing Europe 
had vanished long before the accession of the Tudors. But 
with them came the vision of easy conquests beyond the 
western seas; visions that had been opened up to the eyes of 
all Europe by the wonderful discoveries of Columbus. In 
that vast and unexplored region, the three rival maritime 
powers, Spain, England, and France, could each find, doubt- 
les, ample sec pe for individual enterprise, though eventually 
a conflict between them would be inevitable. 

The first clash occurred between Spain and England. To 
the question of maritime supremacy was added that of 
Catholic or Protestant succession. England dominant on 
the seas meant English Protestantism dominant, and that 
meant bitter dissension and division. To silence opposition, 
and to quell the rising storm, a ruthless policy was pursued ; 



for England must be united at home if her imperial destiny 
was to be fulfilled. To acccmplish her work abroad a sub- 
missive people was necessary, ruled in things spiritual by 
bishops whose appointment and dismissal depended upon 
the sovereign authority of the Crown, and not upon that of 
the Holy See in Rome. The result was that England 
created a church of her own, which, at first groping under 
Henry VHI and Edward VI, was definitely established 
under Elizabeth. This, on the one hand; on the other, 
the rights of the common people were suppressed; the 
privileges that they enjoyed under Rome when England 
was " Merry England " and not an empire with a destiny, 
were taken from them; the revolt of the Irish was met by 
the odious measure of the " Ulster Plantation " which still 
today bears its bitter fruit. 

For two hundred years, then, we have Ireland always 
at bay, always ready for revolt; in England herself, the 
danger of a reaction toward Rome always imminent; and on 
the continent, France, England's rival and peer, always 
ready to sympathize with Ireland, to support the pretensions 
of those who favored the return to Rome, a very center of 
opposition to all that England was attempting to effect. To 
counterbalance this uncertain state of things the most violent 
anti-French propaganda possible to achieve by the means 
at that time available, was set going. All this went to swell 
the torrent of fear and hate for all things Cathjlic that had 
come down frcm the time of the Spanish menace. 

These sentiments toward the Catholic Church were 
shared by George III. He owed his place on England's 
throne solely to the forces that had been determined at any 
cost to prevent the succession of the Catholic Stuarts. Al- 
most as German in temper as the two Georges who had 
preceded him. he understood little better than they did the 
people over whom he ruled, so that in the beginning of his 
reign, his measures offended his subjects at hnme almost 



as much as they did those who lived across the seas. The 
open espousal of the American cause by the French Govern- 
ment produced an immediate reaction in England, causing 
all parties to unite and rally to the support of the King. 
This brings us to the moment when the French Miniiter 
Gerard, landed upon the American shores, having been 
escorted thither by a P'rench fleet, that came offering unasked 
its cooperation with American efforts for independence. 

Before entering, however, into a consideration of the 
political situation which confronted the French envoy, let 
us pause a moment to note the attitude which up to that 
time had prevailed in America toward the Papacy and 
toward France. 

It need hardly be said that, as regards religious convic- 
tions, the colonists shared those of the mother country. 
Whatever difference of opinion there was among the sects, 
there was unity when it was question of feeling for those 
who accepted the supremacy of Rcme. " Papists and 
Turks " were to them, alike reprehensible. The various 
" Platforms " and " Confessions " prodixed in New Eng- 
land, covering a period of a hundred years, stood in this 
matter upon the "Savoy Declaration" of 1658, where it 
is written :"..,. nor can the Pope of Rome in any sense 
be head thereof (the Church) ; but it is that anti-Christ, that 
man of sin, and a son of perdition, that exalteth himself 
in the Church against Christ, and all that is called God. . 



>> 



And, further, they warn members not "to m.arry with 
Infidels, Papists and other Idolaters ". It was thus a very 
holy fear that inspired hatred in the commDn mind against 
the dreaded symbol of Rome. This feeling was kept glow- 
ing by such propaganda as, for instance, the annual celebra- 
tion of the so-called " Popish Plots ". 

As regards France, the general feeling of contempt that 
Imperial Britain had fostered in her subjects for what she 
was pleased to consider " the light and frivolous French ", 



was shared by the colonists in the New World. To thisi 
feeling had been added, during the period of the French 
and Indian wars, a very bitter personal hatred for the " Red 
Man's friend," who menaced the settler on every frontier. 
With the passing of France from American competition by 
the treaty of 1763, this hatred was allayed, though it per- 
sisted in the popular mind and became the strongest ally of 
the British King, and of his Tory subjects across the seas. 
It had been in the hope of fanning this feeling into flame 
that the British Government had decided during the autumn 
of 1777, after the defeat of their forces at Saratoga, to 
send Commissioners to America, for the purpose of healing 
the breach between the colonists and the mother country, 
before the dreaded Alliance between France and AmsricaJ 
could be effected. 

When Gerard reached Philadelphia in July of 1778, the 
conflict between the Patriot and Tory elements in the 
country was at its hight. The offensive advances of the 
British Commissioners, the inevitable destruction caused by 
the occupation and subsequent evacuation of Philadelphia 
by the British troops, had produced such revulsion against 
England in the minds of those who had espoused the prin- 
ciples of independence, that the presence in their midst of 
a representative of His Most Christian Majesty, the Catholic 
King of France, was hailed with heart-felt approval by even 
the staunchest Protestant delegate to Congress, and by the 
people generally. With feelings of unspeakable gratitude 
they crowded round to greet the distinguished diplomat, the 
first to set foot on American soil. His presence here lifted 
at one stroke the budding nation to a level with its most 
illustrious rivals across the seas. It was indeed a proud 
moment for the young Republic. Henry Marchant, dele- 
gate from Rhode Island, voiced the general sentiment when 
he wrote to the Governor of his State r " I had the honor 

2 See Maryland Historical Magazine, December, 1920. 



8 

of being present the last Sabbath at the most interesting in- 
terview tliat ever tock place in America, or perhaps in the 
world, between Monsieur Gerard, the Plenipotentiary of 
France, and the President of Congress, on the part of the 
sovereign, independent United States of America." 

In his fourth report to the Comte de Vergennes, dated 
Philadelphia, July 19, 1778, Gerard writes: 

The members of Congress, the Generals of the Army, and 
the principal citizens flock to see me, although I have not yet 
presented my credentials, and have only called upon the Presi- 
dent of Congress. The object of all these kind attentions is to 
impress me with the deep feeling which prevails, in regard 
to the generosity of the King, and the attachment to the 
Alliance. The language universally adopted shows an en- 
thusiasm for these objects, almost equal to that for liberty itself. 

Yesterday Congress gave me a great dinner for which the 
English Commissioners defrayed the principal expenses, 
through the turtles and wine which they had sent to the 
principal members of Congress. I profited by this dinner to 
converse very particularly with a great number of the mem- 
bers of the Government, as well as with other distinguished 
citizens. They flocked round me to congratulate themselves 
for having had the happiness to obtain the confidence and 
protection of the King. Several of them said that in the most 
critical moments they had nothing upon which they could 
count, except the virtue which His Majesty had manifested 
and upon the enlightenment of his ministers; that they had 
always confidently believed that hard conditions would not be 
prescribed to them, whose solidity is never great ; but neither 
had they expected so much nobleness and interest ; that the 
sending of a fleet, to which his Majesty was not bound, had 
convinced fully, even the least confident minds, of the purity 
of the views of France ; that it required a conduct equally 
decided and noble to stifle the prejudices in which all Ameri- 
cans had been raised, and which the greatest efforts of the 
English, and particularly their last Commissioners, had con- 
stantly tended to nourish. . . . 



As we proceeded up the Delaware River, on our way hither, 
the inhabitants of the shores of the Delaware did truly give 
the greatest marks of joy when they knew that we were French. 
The Officers and the common people crowded round and said 
to me : " You have come to our aid ; we will go, when you 
wish it, to yours." 

I gather together these different features, because I believe 
that in order to judge well the dispositions of the country, it is 
equally or even more important to observe the sentiments of the 
people than those of the members of the Government. The 
warmth of the feeling, aided by the banquet of yesterday, 
seemed to m^ sufficiently characteristic of the principal dis- 
courses, to render them worthy of being transmitted to you. 

I hope to obtain more direct evidence regarding the dis- 
position of Congress. I shall devote myself to this with all the 
more zeal, as you will have noticed, Mgr., in a refutation, other- 
wise very well written, of a letter of the English Commis- 
sioners, an inaccuracy for which I expostulated with Air. 
Morris, deputy from New York, author of the letter, a young 
man of twenty-six, much looked up to because of his talents. 
But as the piece was anonymous it did not seem worth while 
to request that it be corrected. 

I am, with the most profound respect, 

Monseigneur, 
Your very humble and very obedient servant, 

Gerard. 

The Fifth report, written on the same day as the fore- 
going, takes up the question of the British Commissioners. 
Gerard writes: 

The President of Congress came yesterday to see me before 
going to the Assembly, to inform me that he had received 
another letter from the English Commissioners. . . . Congress, 
having taken the letter into consideration, felt that to enter 
into the question of State which the Commission raised, would 
be to gratify them by starting some sort of discussion which 
would provide them the means of exerting influence in all kinds 



lO 



of ways, and which would make doubts arise among them- 
selves regarding their own dispositions and the outcome of 
events. Congress would, moreover, have manifested the same 
doubt if it had hesitated regarding the validity of the title 
of its own authority, and it would have also compromised the 
preponderating credit with which it has exercised that author- 
ity since America has had the King for ally, or, as it is gener- 
ally expressed here, for protector. 

These powerful considerations were adopted unanimously; 
the debate was only as to the manner of reply. Certain mem- 
bers wished to return insult by insult, but the majority had 
only the public good in mind ; the resolution of Congress was 
that, as the Commissioners had not satisfied the preliminary 
conditions of the declaration. Congress could not treat with 
them except in a manner conformable with existing treaties, and 
only when the Independence of the United States should be 
recognized, and the British fleets and armies should have been 
withdrawn ; that consequently Congress had no reply to make 
to the letter of the Commissioners, and had even determined 
not to write to them, but to allow their resolution to reach 
them through the pages of the Philadelphia Gazette. 

You see, Monseigneur, in this proceeding, the confidence of 
Congress in its own credit. They are convinced that their 
conduct will be received with acclamation. It covers with 
ridicule this brilliant Commission and its authors. This note 
of pride and contempt flatters infinitely this people, itself so 
long held in contempt by the English. I have applauded their 
resolution with all my force. It seems to me that it will help 
break up all negotiations and contribute to the complete separa- 
tion of the two nations. It is hoped that the publication of the 
letters by which the Commissioners have tried to corrupt 
certain individuals will have the eflfect of still further stirring 
up the people. 

I am, etc. 

Gerard. 



II 

The sixth report, runs as follows : 

Philadelphia, July 25, 1778. 
monseigneur, 

Every day I receive new evidence that the Whigs in the 
Provinces as well as in the city here feel that the American 
Government owes its present consistency to the friendship and 
the generosity of the King. The equality and disinterestedness 
of the terms of the treaty have enlightened minds which were 
before filled with prejudice and which dreaded almost more 
than they hoped from the Alliance. The English naturally do 
all in their power to keep up the ancient hatred against the 
name of France. Their proceedings in America have been 
constantly directed toward making our motives suspected. . . . 
They affirm that Canada was ceded to the King as the price of 
his complacency, and that he entered into treaty with America 
only to prolong the war in order to obtain favorable concessions 
from England. 

The leaders, Monseigneur, seem never to have given way to 
such a gross illusion, but suspicious minds, habituated to the 
greedy and unjust policy of the English, hold these opinions. 
Many distinguished personages here speak freely to me regard- 
ing it. The appearance of the fleet of the King seems to have 
united all minds and hearts in the same sentiments. This is 
the fruit of His Majesty's wisdom, who judged that a sincere 
union between two nations which up to that moment had been 
divided, could not be accomplished except by means worthy of 
its grandeur of soul, and that such well-advised bonds would 
be as durable as any human thing could be. . . . Several lead- 
ing personages have assured me that there is no division in 
Congress relative to the great objects that interest France, or 
compromise the safety of the United States, A faction did 
exist before the arrival of our treaties which was capable of 
becoming all the more dangerous, since treason could not be 
imputed to it. It was chiefly composed of clever and ambitious 
men, whose influence was slight. Their method was to main- 
tain themselves in a sort of balance, in order to render them- 
selves necessary when the time came to capitulate with the 



12 

English, because there were then very few men who had any 
idea it would be possible to end the quarrel without some kind 
of capitulation. A Scotch minister of the name of Wither- 
spoon, the only member of the clergy in Congress, was the soul 
of the party. He combined in a high degree two apparently 
opposite qualities; extreme impetuosity of character with the 
greatest flexibility of mind. Mr. Samuel Adams was of this 
party, the same who shone so brightly at the beginning of the 
Revolution. Since every one now believes that the issue of this 
quarrel will be honorable and solid, confidence has been 
restored. 

Various other matters, such as his official reception by 
Congress, the disposition of the French fleet, etc., are the 
subjects of the next reports of the French Minister. Oni 
August 12, in his twelfth report, he writes to Vergennes: 

The object of this letter is to trace for you a picture of the 
stability and of the internal condition of Congress, as well as 
the particular disposition of the several states relative to the 
authority and constitution of that body. The result of all my 
investigations tend to confirm the idea which I had the honor 
of communicating to you, relative to the credit of Congress. 
It has been able to conciliate the most entire confidence, as well 
on the part of the governments of the different states as of the 
citizens. Everything that comes from it is received with a sort 
of veneration. It essentially owes this to the attention it has 
paid never to pronounce upon important subjects until the 
minds of the people have been prepared, and after being as- 
sured of their sentiments. It owes this also to the unanimity 
with which important subjects are treated, and to the extreme 
regard which is paid to the several Governments. Congress 
respects with the greatest care the rights of sovereignty of the 
States, so that the resolutions of the several legislative bodies 
which are sometimes contrary to the measures taken by Con- 
gress do not lessen its consideration. An example is to be 
seen in the very important question of the Tories. Congress 
recommended gentle and legal measures. Certain states, as 



13 

Virginia and the Carolinas, have, on the contrary, exercised 
the most arbitrary and severe measures. I shall speak again 
on this subject and content myself here with remarking that 
the heads of the governments, having no distrust or suspicion 
in regard to the Congress, and wishing to extend its influence, 
are interested in maintaining its consideration, of which they 
profit in their turn. This policy is all the more useful, since 
the greater number of all the more accredited leaders, and 
the more intelligent, who directed events in the beginning, have 
accepted the first places in their own states, especially in the 
South. The really laborious and dull life of the members of 
Congress ; their remoteness from their personal affairs ; the 
voluptuous existence to which the great proprietors of the South 
have been accustomed, their monarchical turn of mind, being 
used to command over slaves; all this has led them to found 
their Colonies upon other principles than those that maintain 
in the North. The personal humor of these chiefs has not, 
however, up to the present, influenced the dispositions of the 
people, who are much more attentive than those of the North 
to maintain the rotation of delegates to Congress. Since I have 
been here, three deputies, one from Maryland, one from 
Georgia, and one from Carolina, have been relieved of their 
offices without notice and without anyone having any cause 
of dissatisfaction to allege. Such changes have been frequent 
for some time past. 

It is evident, Monseigneur, that so many individuals, ad- 
mitted successively to Congress, does not permit one to expect 
as many men of merit and of preponderating influence as in 
the early days of its institution. From this point of view it is 
not so well composed, although one finds there men of dis- 
tinguished ability ; but I am not sure, whether for general 
results its present condition is not preferable. It contributes 
to maintain that confidence which the least jealousy or the 
least distrust would quickly dispel. Moreover, it forms a 
greater number of subjects imbued with the principles of the 
constitution and of the American Republic. Such principles 
do not so easily enter minds having other habits of thought, 
and where often ancient prejudicies remain blended with 



14 

maxims of the day. Another great advantage is, that Congress, 
remaining dependent upon the people, retains better the gen- 
eral spirit, and so is less likely to abuse its powers. An 
equivocal word, uttered in debate, suffices for the immediate 
recall of the member, and as this danger is multiplied by little 
intrigues of personal jealousy, from which even the most ac- 
credited persons are not always free when absence from their 
province has been prolonged, it seems that thus the most effec- 
tive possible check is put upon the ambition of the body. 

.'. . I have already had the honor, Monseigneur, to call 
your attention to another sort of division that exists in Con- 
gress ; it is in reference to the influence of that body upon the 
choice of its members. The germ of this discussion does not 
reside in the different states ; it resides rather in the ambitious 
views of certain individuals. One can notice, as a sort of 
contrast, that it is largely members from the North, used always 
to an almost popular form of government who form this 
party. . . . Another object which bitterly divides Congress is 
the rivalry of the two Generals, Washington and Gates. . . . 
The division is almost between the states of the North and 
those of the South. The latter is for Washington, who is 
from Virginia. This General, whose conduct seems to have 
merited the esteem which Europe accords to it, and who joins 
virtue to talents, has been fiercely attacked by all the arms 
which envy can furnish ; the scission became dangerous ; the 
evacuation of Philadelphia and the Battle of Monmouth de- 
cided the question and the partisans of Gates are reduced to 
silence. ... I cannot dispense with telling you, Monseigneur, 
that I have seen with sorrow that certain French officers of 
merit entered into this quarrel against Washington ; I believed 
it my duty to show my high disapproval of their permitting 
themselves to enter into any sort of cabal. 

This is not the only object of division and estrangement 
between the states of the South and the North. They form 
two distinct parties which count at present very few turn- 
coats. The division is attributed to moral and philosophical 
causes, but since it can be utilized for political ends, I regard 
the matter still as an object of research. ... As to the facts 



15 

which I have presented to you, they rest upon authorities which, 
it seems to me, merit your confidence. . . . 

I am, with the most profound respect, 
Monseigneur, Yours etc. 

Gerard. 

The thirteenth report, written on the same day as the 
foregoing, shows the reverse of the picture. Gerard writes : 

Up to the present, I have painted the Congress en beau, because 
I have considered it in relation to its attachment to Independ- 
ence and the Alliance — the most important point of view for 
us. But it is time for you to know it from its weak side, in 
order to appreciate it in' its independence. . . . Most of the 
members who sit in Congress owe their place only to their zeal 
in the American cause, without any regard to the talents neces- 
sary to carry on the immense task with which Congress is 
charged. This body holds in its hands all the branches of 
the entire general administration, of many parts of which not 
a single person understands the details. As soon as any per- 
son distinguishes himself by his knowledge, personal jealousy, 
and the maxim not to tolerate any personal ascendency, cause 
his discharge. A merchant presided over the Committee of 
Commerce ; he was removed and made head of Foreign Affairs ; 
then they obliged him to quit this place because they suspected 
he was able to profit in his business by the secret advice he re- 
ceived. There are many Generals and Colonels in Congress; 
none of them is employed on the Committee of War. It fol- 
lows from this, Monseigneur, that the administration is very 
far behindhand in all points where a fixed system and careful 
regulation of details are necessary. Arrangements relative to 
the Constitution, to the recruiting, equipment, and service of 
the Continental troops remain in suspense, as well as many 
other objects. Finances especially suffer, as I shall try to ex- 
plain as soon as sufficiently informed upon this subject. In 
the mean time it will suffice to observe that Congress has made 
itself universal merchant and contractor. You can see, Mon- 
seigneur, that the lack of order in so important a detail in- 



i6 

volves much loss and inconvenience, especially when it is con- 
sidered that by this means the Congress places itself in com- 
petition with private merchants whom it cannot compel to 
furnish the needed articles. I am sorry to be obliged to add, 
Monseigneur, that personal disinterestedness and pecuniary 
probity have not rendered illustrious the birth of the American 
Republic. . . . The spirit of mercantile cupidity forms per- 
haps one of the distinctive characters of the Americans and 
especially of the people of the North. This character will 
doubtless have an essential influence on the destiny of the 
country. . . . 

This lack of order and unity in details has existed from the 
beginning of the Revolution, and has more than once exposed 
the salvation of the budding Republic. If the English had 
shown themselves, as we have known them only too frequently 
elsewhere, active, confident, courageous, they would have met 
with but little resistence. The closer one observes this contrast, 
the more one is forced to see the finger of God in the event, 
and without the part equally wise and generous, which the King 
has taken, and precisely at the decisive moment, everything 
points to the belief that the use of the means would not have 
responded to the desire for the maintenance of independence, 
while it is to be feared that the spirit of security, to which all 
have now abandoned themselves, will greatly aggravate the situ- 
ation. I shall try to impress upon Congress the necessity of 
order and of precaution, without destroying a confidence and 
a presumption which in themselves may be of great value. . . . 

The New York papers have reported that when I set foot on 
American soil, Mr, Deane presented me with a piece of turf as 
a symbol of the American tradition ; that I received it and 
kissed it, while making great signs of the cross. Many com- 
mentaries are added to this farce, with the idea of inspiring 
distrust in the minds of the people. . . . Here is matter indeed 
for the champions of the periodical press ! 

I am, with profound respect, Your etc. 

Gerard, 

Before taking up anew the discussions occasioned in 



17 

Congress by the proceedings of " His Majesty's Commis- 
sioners for Restoring Peace," let us pause for a moment to 
regard the matter from the viewpoint of the Commissioners 
themselves. Interesting and very full accounts have been 
preserved in the private as well as the public correspondence 
of the Earl of Carlisle and William Eden, which may be 
consulted in Stevens's Facsimiles, Numbers loi, 372, 494 
etc. 

As has already been stated, the idea of sending over Com- 
missioners to treat with the Colonists arose out of the 
failure of the military campaign of 1777, which ended with 
the surrender of Burgoyne at Saratoga. Fear of the in- 
tervention of France in support of the insurrection was an 
added stimulus. The Government, however, was slow to 
act and valuable time was allowed to pass, so that it was 
well into March, 1778, before arrangements had been com- 
pleted, and the necessary powers ratified by Parliament. 
Already Simeon Deane had been able to slip away from 
France without being stopped, bearing the precious treaties 
of commerce and amity that had been signed February 6, 
by France on the one hand, and by the American Com- 
missioners, Franklin, Deane, and Lee on the other. Favored 
by a particularly short passage for those days, this provi- 
dential assurance of help reached America and was spread 
by the Patriot newspapers over the country, fully a month 
befoe the landing of the English Commissioners. 

From the beginning, everything went wrong for the 
would-be peace-makers. Their destination was to have been 
New York. Seventy leagues from shore, however, they met 
with an English brig, whose captain informed them that 
Howe and Clinton were both in Philadelphia. As these two 
Generals were to form part of the Commission, the ship's 
course was changed, and they entered Delaware Bay, casting 
anchor off New Castle, June 6. From this place they sent 
a messenger to British Headquarters, announcing their 



i8 

arrival. The news brought back was well calculated to fill 
His Majesty's Commissioners with dismay. Philadelphia 
was to be evacuated! The order had been issued by the 
Ministry some time previous to the date of their setting 
sail from England, yet no word had been vouchsafed to 
them regarding so important a matter. The fact itself was 
far less bitter than the affront so deliberately offered to 
their dignity. They felt themselves duped by their own 
Government, " in a way," to use the Earl of Carlisle's own 
words, " to render the Commission both ineffectual and 
ridiculous ". 

Notwithstanding the embarrassment of their position, they 
adapted themselves to it as best they couid, and continued 
on their way to Philadelphia, where they spent the few days 
of grace remaining to them in launching their work of pro- 
paganda, and in attempting to enter into negotiations with 
the different members of Congress. Just before the evacua- 
tion of the city, the Commissioners proceeded to New York 
and there took up residence for the remainder" of their stay. 

One of the chief objects of their instructions related to 
the Convention of Saratoga. This Convention had been 
drawn up by General Gates and solemnly agreed to by 
General Burgoyne, October 15, 1777. By its terms the 
entire British Army with its military stores was to be 
turned over to the victors and the promise was made binding 
that the surrendered officers and soldiers should not serve 
against America during the remainder of the v/ar. On the 
other side it was stipulated that under these conditions 
the Army should be free to return to Europe. 

Congress had soon after ratified this Convention, and 
ordered that an inventory be made of the military stores to 
to be surrendered, and the names and personal description 
taken down of each officer and soldier. This information 
was refused by Burgoyne, who complained that the conven- 
tion had been broken in regard to him. Congress retaliated 



19 

by accusing that General of having willfully destroyed hig 
equipment. After much discussion, the following resolu- 
tion was passed, January 8, 1778. 

Resolved, therefore, that the embarcation of General Bur- 
goyne and the troops under his command be suspended until 
a distinct and explicit ratification of the Convention of Saratoga 
shall be properly notified by the Court of Great Britain to 
Congress. 

Let us now turn to the Reports of Gerard. On August 
12, in his fifteenth report he writes: 

The English Commissioners have addressed a new dispatch 
to the President of Congress, dated the 7th of this month. . . . 
It consists of a species of declaration signed by the Commis- 
sioners, contained in a letter from their Secretary. The 
declaration, after a great display of the fidelity with which 
nations execute cartels and conventions adopted for diminish- 
ing the horrors of war, cries out against the infraction of these 
laws by men who give themselves out to be the representatives 
of a nation. The Commissioners then ratify by their authority 
the Convention of Saratoga, and demand its immediate execu- 
tion. Mr. Laurens communicated to me these documents the 
moment they arrived, but could not leave them with me until 
he had laid them before Congress. He felt the uselessness of 
the step of the Commissioners and the humiliation it was 
intended to convey, and his proposition was to order that the 
documents be laid on the table — ordinary formula for refusing 
to reply. It seemed to me, Monseigneur, that it was my duty 
to try to bring the Congress to carry their resolution farther 
in a matter that afifects us so nearly, and thus cut short every 
future move of the Commission in this matter as in all others ; 
this, all the more, because the Court of England in all prob- 
ability is not disposed to accord a ratification of the embarrass- 
ing convention. ... I proposed therefore that they declare dis- 
tinctly to the Commissioners that Congress considered their 
Commission as finished, and that it could not treat with it ex- 



20 

cept in conformity with the resolutions already signified. Mr. 
Laurens seemed to approve of this manner of viewing the case, 
and told me he would propose to forward this declaration by 
Mr. Thompson, Secretary of Congress, to Dr. Ferguson, Sec- 
retary to the Commission. 

... I shall not report the resolutions of Congress relative 
to the troops of Burgoyne, because I am assured the English 
papers are full of them; I shall note simply that Congress 
seized very adroitly the complaint of that officer that the 
capitulation had been broken in regard to him, to require that 
it be ratified by the English Government. Arrangements made 
to take the troops to Boston roused very strong suspicions that 
their destination was not Europe (as had been stipulated), but 
New York. I shall do all that is in my power, according to 
circumstances, in order that they remain where they are. 
I am, with profound respect, Your etc. 

Gerard. 

The sixteenth report reads: 

Philadelphia, August i6, 1778. 
. . . Dr. Ferguson's letter and the declaration of the Com- 
missioners have been reported to Congress. Certain scruples 
were raised in regard to the part the President proposed to 
take, conformable to our interview. That Senator and several 
others have had long conversations with me, in order to inform 
themselves, as they expressed it, regarding the principles and 
the forms. The substance of the doctrine that I wished to 
indicate, is as follows: that Congress should hold strictly to 
the resolution of January 8, and suspend the execution of the 
Convention until Great Britain should distinctly ratify it ; . . . 
that, in any transaction between independent nations, the first 
thing should be to examine the powers of him in whose name 
one treats, as well as the nature and the form of the power of 
the representatives who negotiate and conclude ; that in England 
it is the King, alone, by his prerogative and by the constitution, 
who is authorized to negotiate; that he has not given full 
powers to the acting Commissioners, except in virtue of an act 



21 

of Parliament, and upon principles of dependence and under 
the condition of ratification which is not cognizable to it in 
matters either political or military. My conclusion was that it 
covered everything to declare that the offers of the Commission 
did not fulfil the conditions fixed by the resolution of January 
8, that therefore it was necessary to await the action of the 
Court of London. If the Court signified the condition on 
which it would ratify, it would be a great step in advance for 
the States, and even a species of tacit recognition of their 
Independence; that if the ratification was accorded, then it 
would be necessary to declare that Congress would execute it 
on its part; that in order to execute it effectually, Congress 
would take the agreement in one hand and its grievances in the 
other, and proceed to the examination of the case according to 
the rules of the strictest equity; that then, provided that the 
English had destroyed their arms, and spoiled their military 
stores. Congress would declare that it would execute the fun- 
damental clause, and one inherent in all conventions of the 
rights of peoples, by retaining prisoners such troops as had 
violated their engagements. The President assured me he had 
his proofs ready. 

My manner of reasoning, Monseigneur, was unanimously 
approved. . . . They moreover testified to me on this occasion, 
in the strongest possible way, that should a direct or even an 
indirect recognition of their independence arrive, they would 
not make peace, even the most honorable for themselves, with- 
out using every effort to secure an honorable and sure peace 
to their generous ally. . . . 

Elizabeth S. Kite. 



LIBRftRY OF CONGRESS 



011 801 114 




V 



